APHC010080992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4635/2026 Between: 1. NADIPENA RAMARAO, S/O APPARAO, AGED 57 YEARS, SANITORY INSPECTOR, VIZIANAGARAM MUNICIPAL CORPORATION, VIZIANAGARAM, VIZIANAGARAM DISTRICT-535001. ...PETITIONER AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATIVE AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH, VADDESWARAM GUNTUR DISTRICT-522302. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of petitioner for promotion to the post of Municipal Commissioner Grade-Ill on premise of pending of F.I.R.No.07/RCA- ACB/SKL/2022 dated 12.10.2022 on the file of the ACB, Srikakulam Range is as illegal, arbitrary, contrary to G.O.Ms.No.66 General Administration Department dated 30.1.1991 and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Municipal Commissioner Grade-Ill in light of G.O.Ms.No.66 General Administration Department dated 30.1.1991, in view of final Judgments in W.P. No.6982/2023 dated 21.3.2023 and W.P.No.32369/2025 dated 21.11.2025 of this Hon'ble court and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of Municipal Commissioner Grade-Ill in light of G.O.Ms.No.66 General Administration Department dated 30.1.1991 and in view of final Judgments in W.P. No.6982/2023 dated 21.3.2023 and W.P.No.32369/2025 dated 21.11.2025 of this Hon’ble court and pass Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I THE HONOURABLE SRI JUSTICE D RAMESH ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of petitioner for promotion to the post of Municipal Commissioner Grade-Ill on premise of pending of F.I.R.No.07/RCA-ACB/SKL/2022 dated 12.10.2022 on the file of the ACB, Srikakulam Range is as illegal, arbitrary, contrary to G.O.Ms.No.66 General Administration Department dated 30.1.1991 and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Municipal Commissioner Grade-Ill in light of G.O.Ms.No.66 General Administration Department dated 30.1.1991, in view of final Judgments in W.P. No.6982/2023 dated 21.3.2023 and W.P.No.32369/2025 dated 21.11.2025 of this Hon'ble court and pass.” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. The case of the petitioner is that the petitioner was initially appointed as Public Health Officer in the year 2003 and promoted as Health Assistant in the year 2015 thereafter promoted as Municipal Commissioner in the year 2024. While the petitioner was discharging his duties as Municipal Commissioner, the ACB authorities registered a case against him under Section 13(2) read with 13(1)(b) PC (Amendment) Act, 2018. The petitioner was suspended on 22.09.2022 and reinstated into service on 29.07.2024 and permitted to join duty as Sanitary Inspector on 13.08.2024. On 29.01.2024, the 1st respondent transferred the petitioner from Sanitary Inspector, Vizianagaram and posted him as Municipal Commissioner. Thereafter, the petitioner was orally informed that owing to pendency of criminal case, his case will not be considered by the respondents for the post of Municipal Commissioner Grade-II, which is illegal and arbitrary. Hence, this writ petition. 4. Learned Government Pleader appearing for the respondents vehemently opposed to grant the relief as claimed in the writ petition and requested to dismiss the same. 5. It is contended by the learned counsel for the petitioner that since 2022 the criminal case is pending without any progress and no charges pending as on the date. Therefore evenafter long lapse of years, the respondent authorities did not conclude the proceedings issued against the petitioner and now denied to consider the candidature of the petitioner for promotion to the post of Municipal Commissioner Grade-II on the ground of pendency of disciplinary proceedings, is highly illegal and arbitrary. 6. Learned counsel for the petitioner placed reliance on the decision of this Court in W.P. No. 5981 of 2021, dated 16.03.2021, W.P.No.25192 of 2022 dated 11.08.2022 and W.P.No.28416 of 2022 dated 06.09.2022 which were passed relying upon the judgment of Hon’ble Supreme Court in the case of “Union of India Vs. Anil Kumar Sarkar”1, by holding that: 1 2013 (4) SCC 161 “However, learned Government Pleader for Roads and Buildings contended that promotion is not a matter of right and he is entitled for consideration for promotion. There is no dispute with regard to the contention of the Government Pleader and this court is not inclined to issue a direction to promote the petitioner. But, this court can issue a direction to consider the case of the petitioner for promotion to the next higher cadre subject to satisfying the requirement notwithstanding the surprise check report submitted by ACB, in accordance with G.O.Ms.No.66, dated 30.01.1991”. 7. In view of the above settled legal position, this Writ Petition is disposed of, in terms of the orders passed by this Court in W.P.No.5981 of 2021, dated 16.03.2021, directing the respondents to consider the case of the petitioner for promotion to the post of Municipal Commissioner Grade-II duly taking into consideration of the G.O.Ms.No.66, dated 30.01.1991 and pass appropriate orders within a period of eight (08) weeks from the date of receipt of a copy of this order. No costs. 8. As a sequel, miscellaneous applications pending, if any, shall also stand closed. __________________________ JUSTICE D.RAMESH Date: 25.02.2026 M K K 195 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.4635 of 2026 Dated: 25.02.2026 M K K